Category: English Maritime Cases
CHARTERPARTY – EXTENSIVE DELAY AT DISPORT - ESCALATION FROM DEMURRAGE RATE TO DETENTION RATE – BUNKER COST - WAITING TIME – FLOATING STORAGE
The vessel tendered its NOR upon arrival at the disport and after no further instructions were given by Charterer she waited 64 days before discharging. Owner claimed Charterer used the vessel as floating storage and applied a clause in the C/P enabling demurrage to be charged at an escalating rate. Charterer countered by stating the 64 days were to be charged as ordinary laytime and demurrage.
CLAIM FOR DETENTION - ASSESSMENT OF ACTUAL LOSS - WHETHER DEMURRAGE RATE USED FOR CALCULATION OF DAMAGES TO BE GROSS OR NET OF COMMISSION
After sitting at the agreed upon discharge port for an extended period charterer directed the vessel to a disport not included in the fixture recap. Upon the ultimate completion of discharge owner presented charterer with a claim for detention which utilized the agreed demurrage rate. The panel would be tasked at both determining the validity of the claim and the appropriate rate to be used.
WEATHER DELAY - HOLIDAY, SHINC, & SATURDAY - AWAIT DOCUMENTS ONBOARD - ONCE ON DEMURRAGE, ALWAYS ON DEMURRAGE - DETENTION - BURDEN OF PROOF
Charterer disputed owner’s demurrage calculations with weather reports. Owner disputed that the documents onboard allowance was due as the relevant clause referenced laytime and whilst awaiting documents the vessel was on demurrage. Charterer claimed both a holiday and a holiday on a Saturday should be deducted from time counting. Finally, charterer requested a documents onboard allowance whereas owner implied, “once on demurrage, always on demurrage.”
DEMURRAGE - DELAY DUE TO A LABOR STRIKE
A labor strike at the disport interrupted the Vessel's discharge. After the voyage, the Charterer refuted the resulting demurrage basis the Gencon General Strike Clause.
NYPE – CRANE BREAKDOWN – OFF HIRE – LASHING MATERIALS – SHORE CRANE HIRE – BURDEN OF PROOF – PROVISION OF ORIGINAL INVOICES VERSUS PDF’s When one of the Vessel’s cranes couldn’t be used, charterer asserted the vessel was off hire and claimed for costs. Owner countered that as no time was lost the vessel was on hire and in response to charterer’s claim for costs, owner requested original invoices rather than .pdf’s. Owner also claimed for the cost of lashing material whilst charterer claimed for the cost of a shore crane hired due to vessel’s broken crane. [dropcap]A[/dropcap]long with...
TIME CHARTER - GULF OF ADEN TRANSIT, YEMEN DISCHARGE - PREMIUMS AND WAR RISKS - ARMED GUARDS - CREW BONUS - CHARTERER CLAIMED CULPABLE DELAY
After discharging in Yemen, the shipowner claimed for additional premiums, armed guards, the armed guards’ meals, expenses related to a crew change, and crew bonuses. The charterer rejected these charges, claiming that the charges were due to a culpable delay on the owner's part.
NYPE - INORDINATE AND INEXCUSABLE DELAY AFTER COMMENCEMENT OF ARBITRATION - ARBITRATION ACT OF 1996 - APPLICATION FOR DISMISSAL DUE TO WANT OF PROSECUTION - LIMITATION PERIOD - APPLICATION TO APPEAL TO HIGH COURT
Damage claims arose after the collapse of a crane on board a vessel. Arbitration commenced two years later however no submissions were made until nearly 12 years after the incident. Charterer applied to have the claim dismissed for want of prosecution by owner. The panel agreed with charterer and owner applied to the High Court for a chance to appeal.
VESSEL ORDERED TO ANCHOR OUTSIDE “PORT LIMITS” BY PORT AUTHORITY - DEFINITION OF “PORT LIMITS” - WHETHER VESSEL CONSIDERED GEOGRAPHICALLY READY TO TENDER NOR WITHIN THE CONTEXT OF C/P - DEMURRAGE
A vessel arrived off of the load port and was instructed by the port authority to anchor outside the port limits to await berth availability. The Court was tasked at determining whether the vessel was geographically ready for the purposes of tendering notice of readiness. The Court also looked at the definition of “port limits”.
DEMURRAGE - DETENTION - WHETHER VESSEL IN BREACH OF PUMP WARRANTY - WHETHER OWNER SHOULD BEAR EXTRA SHIFTING EXPENSES INCURRED WHEN THE VESSEL WAS ORDERED OFF THE DOCK DUE TO SLOW DISCHARGE - DELAY AWAITING DOCUMENTS AT DISPORT
Due to a slow discharge rate, the vessel was forced off her berth by port authorities. And after hoses disconnected at the disport, the vessel was delayed in departing for over 4 hours whilst awaiting documents onboard. Charterer denied Owner’s subsequent claims for demurrage, additional shifting expenses, and detention leading to this arbitration.
INTERIM PORT CALL FOR CUSTOMS REQUIREMENT BEFORE AND AFTER DISCHARGE - DEVIATION - BUNKER COSTS - DEMURRAGE
When the vessel was required to attend a port prior to and after the disport for customs reasons, owner charged the transit times from and to the interim port, the time in the interim port, and extra bunkers consumed. The charterer rejected owner’s claim under the auspices that the interim port calls were “beyond charterer’s control”.
